Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-07-01
EFFECT OF 4 DECLARATION OF IN
TENTIoN TO BECOME 4 CITIZEN.


EFFECT OF & DECLARATION OF IN
TENTIoE TO BECOME 4 CITIZEN.
A formal application has been made to
our Government to send note of inquiry
TO France asking for investigation into the
cause of the imprisonment of Baron de
Selliere in an insane asylum in Paris. 1t
is claimed 'that the Baron, having regu-
larly declared, while in San Francisco last
year, his intention TO become an American
citizen, Is entitled to the protection of our
Government He is heir to great wealth,
and such share Of it as he receives from
time tie time he spends with so much lib
crafty as to alarm his relatives in France.
who have made the fact an excuse for
Selling him there and committing him to
q lunatic asylum.
Frsnce cannot claim him as citizen,
since his filing of the declaration of inten-
ton in San Francisco by French law cut
him off from French citizenship. In the
case of Martin Koszta we find some re-
sembiance to the case of Selliere, so far as
his right to American protection is con-
cerned.
In August, 1858, Mr.. Hulsemann, Austri-
an Charge dAfaires at Washington, COM
planned in behalf of Austria to Secretary of
State VIM. L. Marcy that Austria had ar
rested at Smyrna in June, 1858, and con-
veyed on the brig of war Huszar Martin
koszta, Hungarian refugee, who had
pledged himself not to set foot on Otto
man territory but broke the pledge That
United States Consul Ofley and Commander
Ingrahan, of the United States sloop of war
st. Louis, demanded the surrender OF
koSzta, ON the ground that he was entitled
to protection by claim of American citi-
zenship and they exhibited a document
showing that in July, 1872, Koszta had de-
clared his intention to become an Ameri
can citizen
The Imperial Internuncio, Baron de
Bruci, refused to release the man, and
July I'd Commander Ingraham demanded
of the commander Of the Huszar that he
deliver up Koszta by d P. NJ or he would
open fire. The demand was refused, and
the two ships cleared for action, when the
Austrian Consul-General, to prevent blood
shed, surrendered Koszta under protest,
and it'Fas agreed that the French Consul
General should have him in custody pend
ing the decision of the case Hulsemann
made the point that Commander In
graham had committed a an act of war in
time of peace in neutral port"
To this Mr.. Secretary of State Marcy
replied, in September, 1858, that the
american Government held Koszta to be
entitled to its protection. A refugee after
the close of the Kossuth revolutionary
movement he had fed to America, being
released by Turkey, where he had first
taken shelter, with the understanding by
Austria that if released he should leave
for foreign parts.
Arrived in America in 1850 he declared
his intention to become an American citi-
zen, and lived in New York nearly two
years. He returned on private business to
Smyrna, where he obtained the protection
Of the American Charge d'AfIaires. While
waiting for an opportunity to return to
America, and having committed no polit-
ical or other oiiense, he was seized by
band Of lawless men-Greek hirelings and
robbers-and thrown into the sea, and was
picked up by the men of the Huszar who
lay in wait for him.
Then came the demand for his release
and the action of Commander fngraham.
Mr.. Marcy declined to recede, and so in
formed Mr.Eulsemanu, and that the Amer
lean Government, instead OF calling its
agents and officers 70 account and punish
ment. approved and commended their ac-
ton. He held that having foresworn
allegiance to Austria and taken the init II
step to become IN American citizen, and
being beyond the jurisdiction of Austria,
koszta could not be taken by that power.
Mr. Marcy claimed that the law Of
nations justified this position, and called
attention to the fact that when, in lS49-50
koszta and others fed 10 Turkey, Russia
and Austria demanded the surrender of the
refugees, AID though the two powers had
the strength to wipe the Turkish Empire
from the map of Europe, they submitted to
the Sultan's brave refusal
He also pointed out that Austria had
exiled koszta, and 50 deprived him of
rights under that Government and released
him from obligation TO it. BY Austrian
law, too (decree of March, 1892 subjects
leaving without consent became "unlaw-
full eInigrantS" and lost their civil and DO
litical rights As the act of war in \
neutral port, Mr.. Marcy declared that he
could eoneede the Greek hirelings. the
Austrian men-of-war's men, and the Ameri-
can sailors were On level as regarded
and turkish neutrality. and
i5sence without the controlling direction of
Tssil or international Law and oaly Turkey
sosld complain.
But the Government of the United
States held that Koszta By his declaration
and renicile in the United States had |
been clothed with its nationality. and
therefore 'yils entitled to the protection
he received a the hands Of the American |
Legation, and hence to the protection of |
Commander Ingsaham. When one is so
clothed, the United States would respond
to the claim of prote, 'tion without being
obliged to explain its co.uduct to any one.
koszta was kidnaped-tllat was the first
Austrian men-of-wars men
eized, ironed him-that was me second; +
lngrahain threatened powder and shot /